uk anti-social behaviour, crime and policing act 2014

7/24/2019 UK Anti-social Behaviour, Crime and Policing Act 2014

1/246

Anti-social Behaviour,

Crime and PolicingAct 2014

CHAPTER 12

Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separately

.7528


2/246


3/246

Anti-social Behaviour, Crime and

Policing Act 2014

CHAPTER 12

CONTENTS

PART1

INJUNCTIONS

Injunctions

1 Power to grant injunctions2 Meaning of anti-social behaviour

Contents of injunctions

3 Requirements included in injunctions4 Power of arrest

Applications for injunctions

5 Applications for injunctions6 Applications without notice

Interim injunctions

7 Interim injunctions

Variation and discharge

8 Variation or discharge of injunctions

Breach of injunctions

9 Arrest without warrant


4/246

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)ii

10 Issue of arrest warrant11 Remands

12 Powers in respect of under-18s

Exclusion from home

13 Power to exclude person from home in cases of violence or risk of harm

Supplemental

14 Requirements to consult etc15 Appeals against decisions of youth courts16 Special measures for witnesses17 Children and young persons: disapplication of reporting restrictions

18 Rules of court19 Guidance20 Interpretation etc21 Saving and transitional provision

PART2

CRIMINALBEHAVIOURORDERS

Criminal behaviour orders

22 Power to make orders23 Proceedings on an application for an order

24 Requirements included in orders25 Duration of order etc

Interim orders

26 Interim orders


27 Variation or discharge of orders

Review of orders (under-18s)

28 Review of orders29 Carrying out and participating in reviews

Breach of orders

30 Breach of order

Supplemental

31 Special measures for witnesses32 Guidance33 Saving and transitional provision


5/246

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) iii

PART3

DISPERSALPOWERS

34 Authorisations to use powers under section 3535 Directions excluding a person from an area36 Restrictions37 Surrender of property38 Record-keeping39 Offences40 Powers of community support officers41 Guidance42 Saving and transitional provision

PART4

COMMUNITYPROTECTION

CHAPTER1

COMMUNITYPROTECTIONNOTICES

Community protection notices

43 Power to issue notices44 Occupiers of premises etc45 Occupier or owner unascertainable

46 Appeals against notices

Failure to comply with notice

47 Remedial action by local authority48 Offence of failing to comply with notice49 Remedial orders50 Forfeiture of item used in commission of offence51 Seizure of item used in commission of offence52 Fixed penalty notices

Who may issue notices

53 Authorised persons

Supplemental

54 Exemption from liability55 Issuing of notices56 Guidance57 Interpretation of Chapter 158 Saving and transitional provision


6/246

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)iv

CHAPTER2

PUBLICSPACESPROTECTIONORDERS

Public spaces protection orders

59 Power to make orders60 Duration of orders61 Variation and discharge of orders

Prohibition on consuming alcohol

62 Premises etc to which alcohol prohibition does not apply63 Consumption of alcohol in breach of prohibition in order

Restrictions on public rights of way

64 Orders restricting public right of way over highway65 Categories of highway over which public right of way may not be restricted

Validity of orders

66 Challenging the validity of orders

Failure to comply with orders

67 Offence of failing to comply with order

68 Fixed penalty notices

Supplemental

69 Powers of community support officers70 Byelaws71 Bodies other than local authorities with statutory functions in relation to land72 Convention rights, consultation, publicity and notification73 Guidance74 Interpretation of Chapter 275 Saving and transitional provision

CHAPTER3

CLOSUREOFPREMISESASSOCIATEDWITHNUISANCEORDISORDERETC

Closure notices

76 Power to issue closure notices77 Duration of closure notices78 Cancellation or variation of closure notices79 Service of notices

Closure orders

80 Power of court to make closure orders81 Temporary orders


7/246

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) v

82 Extension of closure orders83 Discharge of closure orders

Appeals

84 Appeals

Enforcement

85 Enforcement of closure orders86 Offences

Supplemental

87 Access to other premises88 Reimbursement of costs89 Exemption from liability90 Compensation91 Guidance92 Interpretation of Chapter 393 Saving and transitional provision

PART5

RECOVERYOFPOSSESSIONOFDWELLING-HOUSES: ANTI-SOCIALBEHAVIOURGROUNDS

Absolute ground for possession: secure tenancies94 New ground for serious offences or breach of prohibitions etc95 Notice requirements for new ground96 Review requirements for new ground

Absolute ground for possession: assured tenancies

97 Corresponding new ground and notice requirements for assured tenancies

Discretionary grounds: secure and assured tenancies

98 Conduct causing nuisance to landlord etc

99 Offences connected with riot

Supplemental

100 Restrictions where new possession proceedings in progress etc

PART6

LOCALINVOLVEMENTANDACCOUNTABILITY

Community remedies

101 The community remedy document102 Anti-social behaviour etc: out-of-court disposals103 Criminal behaviour: conditional cautions


8/246

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)vi

Response to complaints about anti-social behaviour

104 Review of response to complaints105 ASB case reviews: interpretation

PART7

DANGEROUSDOGS

106 Keeping dogs under proper control107 Whether a dog is a danger to public safety

PART8

FIREARMS

108 Offence of possessing firearm for supply etc109 Functions of Scottish Ministers under Firearms Acts110 Possession of firearms by persons previously convicted of crime111 Increased penalty for improper importation of firearms etc112 British Transport Police: Crown status under Firearms Act 1968

PART9

PROTECTIONFROMSEXUALHARMANDVIOLENCE

Protection from sexual harm

113 Sexual harm prevention orders and sexual risk orders, etc114 Saving and transitional provision115 Use of premises for child sex offences

Child sexual exploitation at hotels

116 Information about guests at hotels believed to be used for child sexualexploitation

117 Appeals against notices under section 116118 Offences

Violent offending119 Violent offender orders

PART10

FORCEDMARRIAGE

120 Offence of breaching forced marriage protection order121 Offence of forced marriage: England and Wales122 Offence of forced marriage: Scotland


9/246

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) vii

PART11

POLICINGETC

College of Policing

123 Regulations to be prepared or approved by the College124 Codes of practice issued by the College125 Guidance by the College about employment of civilian staff126 Power to give directions to the College127 Charging of fees by the College128 Appointment of senior police officers as staff of the College129 Disclosure of information to the College130 The College and the IPCC

Review bodies for police remuneration etc

131 Abolition of Police Negotiating Board for the United Kingdom132 Establishment of Police Remuneration Review Body133 Consultation about regulations: England and Wales134 Consultation about regulations: Northern Ireland

Independent Police Complaints Commission

135 Application of IPCC provisions to contractors136 Application to IPCC of provisions about investigation of offences137 Provision of information to IPCC

138 Unsatisfactory performance procedures following investigation of death orserious injury matter

139 Recommendations by IPCC and requirement to respond

Chief officers of police and local policing bodies

140 Appointment of chief officers of police141 Financial arrangements etc for chief officers of police142 Grants to local policing bodies143 Powers of local policing bodies to provide or commission services

Personal samples and DNA profiles

144 Power to take further fingerprints or non-intimate samples145 Power to retain fingerprints or DNA profile in connection with different

offence146 Retention of personal samples that are or may be disclosable

Miscellaneous

147 Powers to seize invalid passports etc148 Port and border controls149 Inspection of Serious Fraud Office150 Jurisdiction of Investigatory Powers Tribunal over Surveillance

Commissioners151 Fees for criminal record certificates etc152 Powers of community support officers


10/246

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)viii

153 Use of amplified noise equipment in vicinity of the Palace of Westminster154 Littering from vehicles

PART12

EXTRADITION

Amendments of the Extradition Act 2003

155 Date of extradition hearing156 Extradition barred if no prosecution decision in requesting territory157 Proportionality158 Hostage-taking considerations159 Request for temporary transfer etc

160 Appeals161 Judge informed after extradition hearing or order that person is charged withoffence or serving sentence in United Kingdom

162 Asylum etc163 Consent to extradition not to be taken as waiver of speciality rights164 Definition of extradition offence165 Extradition to the United Kingdom to be sentenced or to serve a sentence166 Detention of extradited person for trial in England and Wales for other

offences167 Proceedings on deferred warrant or request etc168 Non-UK extradition: transit through the United Kingdom169 Extradition to a territory that is party to an international Convention170 Electronic transmission of European arrest warrant etc

Time spent in custody awaiting extradition to the United Kingdom

171 Discount on sentence for time spent in custody awaiting extradition: Englandand Wales

172 Discount on sentence for time spent in custody awaiting extradition: Scotland173 Discount on sentence for time spent in custody awaiting extradition:

Northern Ireland

Procedure rules

174 Criminal Procedure Rules to apply to extradition proceedings etc

PART13

CRIMINALJUSTICEANDCOURTFEES

175 Compensation for miscarriages of justice176 Low-value shoplifting177 Abolition of defence of marital coercion178 Protection arrangements for persons at risk179 Surcharges: imprisonment in default and remission of fines180 Court and tribunal fees


11/246

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) ix

PART14

GENERAL

181 Amendments182 Orders and regulations183 Financial provision184 Extent185 Commencement186 Short title

Schedule 1 Remands under sections 9 and 10Schedule 2 Breach of injunctions: powers of court in respect of under-18sPart 1 IntroductoryPart 2 Supervision ordersPart 3 Detention orders

Schedule 3 Schedule to be inserted as Schedule 2A to the Housing Act1985

Schedule 4 ASB case reviews: supplementary provisionPart 1 Making and revising review procedures etcPart 2 Inclusion of local providers of social housing among relevant

bodiesPart 3 ASB case reviewsPart 4 General

Schedule 5 Amendments of Parts 2 and 3 of the Sexual Offences Act 2003Schedule 6 Amendments of Part 2A of the Sexual Offences Act 2003Schedule 7 Schedule to be inserted as Schedule 4B to the Police Act 1996Schedule 8 Powers to seize invalid passports etcSchedule 9 Port and border controls

Schedule 10 Powers of community support officersSchedule 11 Minor and consequential amendments

Part 1 Amendments relating to Parts 1 to 6Part 2 Amendments relating to Part 9Part 3 Amendments relating to Part 11Part 4 Amendments relating to Part 12Part 5 Amendments consequential on establishment of Police Service

of Scotland


12/246


13/246

ELIZABETH II c. 12

Anti-social Behaviour, Crime and

Policing Act 2014

2014 CHAPTER 12

An Act to make provision about anti-social behaviour, crime and disorder,including provision about recovery of possession of dwelling-houses; to makeprovision amending the Dangerous Dogs Act 1991, the Police Act 1997,Schedules 7 and 8 to the Terrorism Act 2000, the Extradition Act 2003 and Part3 of the Police Reform and Social Responsibility Act 2011; to make provisionabout firearms, about sexual harm and violence and about forced marriage; tomake provision about the police, the Independent Police Complaints

Commission and the Serious Fraud Office; to make provision about invalidtravel documents; to make provision about criminal justice and court fees; andfor connected purposes. [13th March 2014]

EITENACTEDby the Queens most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:

PART

1

INJUNCTIONS

Injunctions

1 Power to grant injunctions

(1) A court may grant an injunction under this section against a person aged 10 orover (the respondent) if two conditions are met.

(2) The first condition is that the court is satisfied, on the balance of probabilities,

that the respondent has engaged or threatens to engage in anti-socialbehaviour.


14/246

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)Part 1 Injunctions

2

(3) The second condition is that the court considers it just and convenient to grantthe injunction for the purpose of preventing the respondent from engaging inanti-social behaviour.

(4) An injunction under this section may for the purpose of preventing therespondent from engaging in anti-social behaviour

(a) prohibit the respondent from doing anything described in theinjunction;

(b) require the respondent to do anything described in the injunction.

(5) Prohibitions and requirements in an injunction under this section must, so faras practicable, be such as to avoid

(a) any interference with the times, if any, at which the respondentnormally works or attends school or any other educationalestablishment;

(b) any conflict with the requirements of any other court order orinjunction to which the respondent may be subject.

(6) An injunction under this section must(a) specify the period for which it has effect, or(b) state that it has effect until further order.

In the case of an injunction granted before the respondent has reached the ageof 18, a period must be specified and it must be no more than 12 months.

(7) An injunction under this section may specify periods for which particularprohibitions or requirements have effect.

(8) An application for an injunction under this section must be made to

(a) a youth court, in the case of a respondent aged under 18;(b) the High Court or the county court, in any other case.

Paragraph (b) is subject to any rules of court made under section 18(2).

2 Meaning of anti-social behaviour

(1) In this Part anti-social behaviour means(a) conduct that has caused, or is likely to cause, harassment, alarm or

distress to any person,(b) conduct capable of causing nuisance or annoyance to a person in

relation to that persons occupation of residential premises, or

(c) conduct capable of causing housing-related nuisance or annoyance toany person.

(2) Subsection (1)(b) applies only where the injunction under section 1 is appliedfor by

(a) a housing provider,(b) a local authority, or(c) a chief officer of police.

(3) In subsection (1)(c) housing-related means directly or indirectly relating tothe housing management functions of

(a) a housing provider, or(b) a local authority.

(4) For the purposes of subsection (3) the housing management functions of ahousing provider or a local authority include


15/246


3

(a) functions conferred by or under an enactment;(b) the powers and duties of the housing provider or local authority as the

holder of an estate or interest in housing accommodation.

Contents of injunctions

3 Requirements included in injunctions

(1) An injunction under section 1 that includes a requirement must specify theperson who is to be responsible for supervising compliance with therequirement.The person may be an individual or an organisation.

(2) Before including a requirement, the court must receive evidence about itssuitability and enforceability from

(a) the individual to be specified under subsection (1), if an individual is tobe specified;

(b) an individual representing the organisation to be specified undersubsection (1), if an organisation is to be specified.

(3) Before including two or more requirements, the court must consider theircompatibility with each other.

(4) It is the duty of a person specified under subsection (1)(a) to make any necessary arrangements in connection with the

requirements for which the person has responsibility (the relevantrequirements);

(b) to promote the respondents compliance with the relevantrequirements;

(c) if the person considers that the respondent(i) has complied with all the relevant requirements, or

(ii) has failed to comply with a relevant requirement,to inform the person who applied for the injunction and theappropriate chief officer of police.

(5) In subsection (4)(c) the appropriate chief officer of police means

(a) the chief officer of police for the police area in which it appears to theperson specified under subsection (1) that the respondent lives, or

(b) if it appears to that person that the respondent lives in more than onepolice area, whichever of the relevant chief officers of police that personthinks it most appropriate to inform.

(6) A respondent subject to a requirement included in an injunction under section1 must

(a) keep in touch with the person specified under subsection (1) in relationto that requirement, in accordance with any instructions given by thatperson from time to time;

(b) notify the person of any change of address.These obligations have effect as requirements of the injunction.


16/246


4

4 Power of arrest

(1) A court granting an injunction under section 1 may attach a power of arrest to

a prohibition or requirement of the injunction if the court thinks that(a) the anti-social behaviour in which the respondent has engaged or

threatens to engage consists of or includes the use or threatened use ofviolence against other persons, or

(b) there is a significant risk of harm to other persons from the respondent.Requirement here does not include one that has the effect of requiring therespondent to participate in particular activities.

(2) If the court attaches a power of arrest, the injunction may specify a period forwhich the power is to have effect which is shorter than that of the prohibitionor requirement to which it relates.

Applications for injunctions

5 Applications for injunctions

(1) An injunction under section 1 may be granted only on the application of(a) a local authority,(b) a housing provider,(c) the chief officer of police for a police area,

(d) the chief constable of the British Transport Police Force,(e) Transport for London,(f) the Environment Agency,

(g) the Natural Resources Body for Wales,(h) the Secretary of State exercising security management functions, or a

Special Health Authority exercising security management functions onthe direction of the Secretary of State, or

(i) the Welsh Ministers exercising security management functions, or aperson or body exercising security management functions on thedirection of the Welsh Ministers or under arrangements made betweenthe Welsh Ministers and that person or body.

(2) In subsection (1) security management functions means(a) the Secretary of States security management functions within the

meaning given by section 195(3) of the National Health Service Act

2006;(b) the functions of the Welsh Ministers corresponding to those functions.

(3) A housing provider may make an application only if the application concernsanti-social behaviour that directly or indirectly relates to or affects its housingmanagement functions.

(4) For the purposes of subsection (3) the housing management functions of ahousing provider include

(a) functions conferred by or under an enactment;(b) the powers and duties of the housing provider as the holder of an estate

or interest in housing accommodation.

(5) The Secretary of State may by order(a) amend this section;


17/246


5

(b) amend section 20 in relation to expressions used in this section.

6 Applications without notice(1) An application for an injunction under section 1 may be made without notice

being given to the respondent.

(2) If an application is made without notice the court must either(a) adjourn the proceedings and grant an interim injunction (see section 7),

or

(b) adjourn the proceedings without granting an interim injunction, or(c) dismiss the application.

Interim injunctions

7 Interim injunctions

(1) This section applies where the court adjourns the hearing of an application(whether made with notice or without) for an injunction under section 1.

(2) The court may grant an injunction under that section lasting until the finalhearing of the application or until further order (an interim injunction) if thecourt thinks it just to do so.

(3) An interim injunction made at a hearing of which the respondent was notgiven notice may not have the effect of requiring the respondent to participatein particular activities.

(4) Subject to that, the court has the same powers (including powers undersection 4) whether or not the injunction is an interim injunction.


8 Variation or discharge of injunctions

(1) The court may vary or discharge an injunction under section 1 on theapplication of

(a) the person who applied for the injunction, or(b) the respondent.

(2) In subsection (1) the court means(a) the court that granted the injunction, except where paragraph (b)

applies;(b) the county court, where the injunction was granted by a youth court but

the respondent is aged 18 or over.

(3) The power to vary an injunction includes power(a) to include an additional prohibition or requirement in the injunction, or

to extend the period for which a prohibition or requirement has effect;(b) to attach a power of arrest, or to extend the period for which a power of

arrest has effect.


18/246


6

(4) If an application under this section is dismissed, the party by which thedismissed application was made may make no further application under thissection without

(a) the consent of the court, or(b) the agreement of the other party.

(5) Section 3 applies to additional requirements included under subsection (3)(a)above as it applies to requirements included in a new injunction.

Breach of injunctions

9 Arrest without warrant

(1) Where a power of arrest is attached to a provision of an injunction undersection 1, a constable may arrest the respondent without warrant if he or shehas reasonable cause to suspect that the respondent is in breach of theprovision.

(2) A constable who arrests a person under subsection (1) must inform the personwho applied for the injunction.

(3) A person arrested under subsection (1) must, within the period of 24 hoursbeginning with the time of the arrest, be brought before

(a) a judge of the High Court or a judge of the county court, if theinjunction was granted by the High Court;

(b) a judge of the county court, if(i) the injunction was granted by the county court, or

(ii) the injunction was granted by a youth court but the respondentis aged 18 or over;

(c) a justice of the peace, if neither paragraph (a) nor paragraph (b) applies.

(4) In calculating when the period of 24 hours ends, Christmas Day, Good Fridayand any Sunday are to be disregarded.

(5) The judge before whom a person is brought under subsection (3)(a) or (b) mayremand the person if the matter is not disposed of straight away.

(6) The justice of the peace before whom a person is brought under subsection(3)(c) must remand the person to appear before the youth court that grantedthe injunction.

10 Issue of arrest warrant

(1) If the person who applied for an injunction under section 1 thinks that therespondent is in breach of any of its provisions, the person may apply for theissue of a warrant for the respondents arrest.

(2) The application must be made to(a) a judge of the High Court, if the injunction was granted by the High

Court;(b) a judge of the county court, if

(i) the injunction was granted by the county court, or

(ii) the injunction was granted by a youth court but the respondentis aged 18 or over;

(c) a justice of the peace, if neither paragraph (a) nor paragraph (b) applies.


19/246


7

(3) A judge or justice may issue a warrant under this section only if the judge orjustice has reasonable grounds for believing that the respondent is in breach ofa provision of the injunction.

(4) A warrant issued by a judge of the High Court must require the respondent tobe brought before that court.

(5) A warrant issued by a judge of the county court must require the respondentto be brought before that court.

(6) A warrant issued by a justice of the peace must require the respondent to bebrought before

(a) the youth court that granted the injunction, if the person is aged under18;

(b) the county court, if the person is aged 18 or over.

(7) A constable who arrests a person under a warrant issued under this sectionmust inform the person who applied for the injunction.

(8) If the respondent is brought before a court by virtue of a warrant under thissection but the matter is not disposed of straight away, the court may remandthe respondent.

11 Remands

Schedule 1 (remands under sections 9 and 10) has effect.

12 Powers in respect of under-18s

Schedule 2 (breach of injunctions: powers of court in respect of under-18s) haseffect.

Exclusion from home

13 Power to exclude person from home in cases of violence or risk of harm

(1) An injunction under section 1 may have the effect of excluding the respondentfrom the place where he or she normally lives (the premises) only if

(a) the respondent is aged 18 or over,(b) the injunction is granted on the application of

(i) a local authority,(ii) the chief officer of police for the police area that the premises are

in, or(iii) if the premises are owned or managed by a housing provider,

that housing provider, and(c) the court thinks that

(i) the anti-social behaviour in which the respondent has engagedor threatens to engage consists of or includes the use orthreatened use of violence against other persons, or

(ii) there is a significant risk of harm to other persons from therespondent.

(2) For the purposes of this section a housing provider owns a place if


20/246


8

(a) the housing provider is a person (other than a mortgagee not inpossession) entitled to dispose of the fee simple of the place, whether inpossession or in reversion, or

(b) the housing provider is a person who holds or is entitled to the rentsand profits of the place under a lease that (when granted) was for a termof not less then 3 years.

Supplemental

14 Requirements to consult etc

(1) A person applying for an injunction under section 1 must before doing so(a) consult the local youth offending team about the application, if the

respondent will be aged under 18 when the application is made;

(b) inform any other body or individual the applicant thinks appropriateof the application.

This subsection does not apply to a without-notice application.

(2) Where the court adjourns a without-notice application, before the date of thefirst on-notice hearing the applicant must

(a) consult the local youth offending team about the application, if therespondent will be aged under 18 on that date;

(b) inform any other body or individual the applicant thinks appropriateof the application.

(3) A person applying for variation or discharge of an injunction under section 1granted on that persons application must before doing so

(a) consult the local youth offending team about the application forvariation or discharge, if the respondent will be aged under 18 whenthat application is made;

(b) inform any other body or individual the applicant thinks appropriateof that application.

(4) In this section

local youth offending team means(a) the youth offending team in whose area it appears to the

applicant that the respondent lives, or(b) if it appears to the applicant that the respondent lives in more

than one such area, whichever one or more of the relevant youthoffending teams the applicant thinks it appropriate to consult;

on-notice hearing means a hearing of which notice has been given to theapplicant and the respondent in accordance with rules of court;

without-notice application means an application made without noticeunder section 6.

15 Appeals against decisions of youth courts

(1) An appeal lies to the Crown Court against a decision of a youth court madeunder this Part.

(2) On an appeal under this section the Crown Court may make(a) whatever orders are necessary to give effect to its determination of the

appeal;


21/246


9

(b) whatever incidental or consequential orders appear to it to be just.

(3) An order of the Crown Court made on an appeal under this section (other than

one directing that an application be re-heard by the youth court) is to be treatedfor the purposes of section 8 as an order of the youth court.

16 Special measures for witnesses

(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999(special measures directions in the case of vulnerable and intimidatedwitnesses) applies to proceedings under this Part as it applies to criminalproceedings, but with

(a) the omission of the provisions of that Act mentioned in subsection (2)(which make provision appropriate only in the context of criminalproceedings), and

(b) any other necessary modifications.(2) The provisions are

(a) section 17(4) to (7);(b) section 21(4C)(e);(c) section 22A;(d) section 27(10);(e) section 32.

(3) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Actapply to proceedings under this Part

(a) to the extent provided by rules of court, and

(b) subject to any modifications provided by rules of court.

(4) Section 47 of that Act (restrictions on reporting special measures directions etc)applies with any necessary modifications

(a) to a direction under section 19 of that Act as applied by this section;(b) to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

17 Children and young persons: disapplication of reporting restrictions

Section 49 of the Children and Young Persons Act 1933 (restrictions on reportsof proceedings in which children and young persons are concerned) does not

apply to proceedings under this Part.

18 Rules of court

(1) Rules of court may provide that an appeal from a decision of the High Court,the county court or a youth court

(a) to dismiss an application for an injunction under section 1 madewithout notice being given to the respondent, or

(b) to refuse to grant an interim injunction when adjourning proceedingsfollowing such an application,

may be made without notice being given to the respondent.

(2) Rules of court may provide for a youth court to give permission for anapplication for an injunction under section 1 against a person aged 18 or overto be made to the youth court if


22/246


10

(a) an application to the youth court has been made, or is to be made, foran injunction under that section against a person aged under 18, and

(b) the youth court thinks that it would be in the interests of justice for theapplications to be heard together.

(3) In relation to a respondent attaining the age of 18 after proceedings under thisPart have begun, rules of court may

(a) provide for the transfer of the proceedings from the youth court to theHigh Court or the county court;

(b) prescribe circumstances in which the proceedings may or must remainin the youth court.

19 Guidance

(1) The Secretary of State may issue guidance to persons entitled to apply for

injunctions under section 1 (see section 5) about the exercise of their functionsunder this Part.

(2) The Secretary of State may revise any guidance issued under this section.

(3) The Secretary of State must arrange for any guidance issued or revised underthis section to be published.

20 Interpretation etc

(1) In this Partanti-social behaviour has the meaning given by section 2;

harm includes serious ill-treatment or abuse, whether physical or not;housing accommodation includes(a) flats, lodging-houses and hostels;

(b) any yard, garden, outhouses and appurtenances belonging tothe accommodation or usually enjoyed with it;

(c) any common areas used in connection with theaccommodation;

housing provider means

(a) a housing trust, within the meaning given by section 2 of theHousing Associations Act 1985, that is a charity;

(b) a housing action trust established under section 62 of theHousing Act 1988;

(c) in relation to England, a non-profit private registered providerof social housing;

(d) in relation to Wales, a Welsh body registered as a sociallandlord under section 3 of the Housing Act 1996;

(e) any body (other than a local authority or a body withinparagraphs (a) to (d)) that is a landlord under a secure tenancywithin the meaning given by section 79 of the Housing Act 1985;

local authority means

(a) in relation to England, a district council, a county council, aLondon borough council, the Common Council of the City ofLondon or the Council of the Isles of Scilly;

(b) in relation to Wales, a county council or a county boroughcouncil;

respondent has the meaning given by section 1(1).


23/246


11

(2) A persons age is treated for the purposes of this Part as being that which itappears to the court to be after considering any available evidence.

21 Saving and transitional provision

(1) In this section existing order means any of the following injunctions andorders

(a) an anti-social behaviour injunction under section 153A of the HousingAct 1996;

(b) an injunction under section 153B of that Act (injunction againstunlawful use of premises);

(c) an injunction in which anything is included by virtue of section 153D(3)or (4) of that Act (power to include provision banning person frompremises or area, or to include power of arrest, in injunction againstbreach of tenancy agreement);

(d) an order under section 1 or 1B of the Crime and Disorder Act 1998 (anti-social behaviour orders etc);

(e) an individual support order under section 1AA of that Act made inconnection with an order under section 1 or 1B of that Act;

(f) an intervention order under section 1G of that Act;(g) a drinking banning order under section 3 or 4 of the Violent Crime

Reduction Act 2006.

(2) The repeal or amendment by this Act of provisions about any of the existingorders specified in subsection (1)(a) to (d), (f) and (g) does not apply in relationto

(a) an application made before the commencement day for an existingorder;(b) an existing order (whether made before or after that day) applied for

before that day;(c) anything done in connection with such an application or order.

(3) The repeal or amendment by this Act of provisions about an order specified insubsection (1)(e) does not apply in relation to

(a) an individual support order made before the commencement day;(b) anything done in connection with such an order.

(4) As from the commencement day there may be no variation of an existing orderthat extends the period of the order or of any of its provisions.

(5) At the end of the period of 5 years beginning with the commencement day(a) in relation to any of the existing orders specified in subsection (1)(a), (b)

and (d) to (g) that is still in force, this Part has effect, with any necessarymodifications (and with any modifications specified in an order undersection 185(7)), as if the provisions of the order were provisions of aninjunction under section 1;

(b) the provisions of this Part set out in subsection (6) apply to anyinjunction specified in subsection (1)(c) that is still in force as they applyto an injunction under section 1;

(c) subsections (2) to (4) cease to have effect.

(6) The provisions referred to in subsection (5)(b) are(a) section 1(7);(b) sections 4(2) and 9 (if a power of arrest is attached);


24/246


12

(c) sections 6 to 8;(d) section 10;

(e) section 11 and Schedule 1;(f) section 12 and Schedule 2;(g) section 18(1).

(7) In deciding whether to grant an injunction under section 1 a court may takeaccount of conduct occurring up to 6 months before the commencement day.

(8) In this section commencement day means the day on which this Part comesinto force.

PART2

CRIMINALBEHAVIOURORDERS

Criminal behaviour orders

22 Power to make orders

(1) This section applies where a person (the offender) is convicted of an offence.

(2) The court may make a criminal behaviour order against the offender if twoconditions are met.

(3) The first condition is that the court is satisfied, beyond reasonable doubt, thatthe offender has engaged in behaviour that caused or was likely to causeharassment, alarm or distress to any person.

(4) The second condition is that the court considers that making the order will helpin preventing the offender from engaging in such behaviour.

(5) A criminal behaviour order is an order which, for the purpose of preventingthe offender from engaging in such behaviour

(a) prohibits the offender from doing anything described in the order;(b) requires the offender to do anything described in the order.

(6) The court may make a criminal behaviour order against the offender only if itis made in addition to

(a) a sentence imposed in respect of the offence, or

(b) an order discharging the offender conditionally.(7) The court may make a criminal behaviour order against the offender only on

the application of the prosecution.

(8) The prosecution must find out the views of the local youth offending teambefore applying for a criminal behaviour order to be made if the offender willbe under the age of 18 when the application is made.

(9) Prohibitions and requirements in a criminal behaviour order must, so far aspracticable, be such as to avoid

(a) any interference with the times, if any, at which the offender normallyworks or attends school or any other educational establishment;

(b) any conflict with the requirements of any other court order orinjunction to which the offender may be subject.


25/246

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)Part 2 Criminal behaviour orders

13

(10) In this section local youth offending team means(a) the youth offending team in whose area it appears to the prosecution

that the offender lives, or(b) if it appears to the prosecution that the offender lives in more than one

such area, whichever one or more of the relevant youth offendingteams the prosecution thinks appropriate.

23 Proceedings on an application for an order

(1) For the purpose of deciding whether to make a criminal behaviour order thecourt may consider evidence led by the prosecution and evidence led by theoffender.

(2) It does not matter whether the evidence would have been admissible in theproceedings in which the offender was convicted.

(3) The court may adjourn any proceedings on an application for a criminalbehaviour order even after sentencing the offender.

(4) If the offender does not appear for any adjourned proceedings the court may

(a) further adjourn the proceedings,(b) issue a warrant for the offenders arrest, or(c) hear the proceedings in the offenders absence.

(5) The court may not act under paragraph (b) of subsection (4) unless it is satisfiedthat the offender has had adequate notice of the time and place of theadjourned proceedings.

(6) The court may not act under paragraph (c) of subsection (4) unless it is satisfiedthat the offender(a) has had adequate notice of the time and place of the adjourned

proceedings, and

(b) has been informed that if the offender does not appear for thoseproceedings the court may hear the proceedings in his or her absence.

(7) Subsection (8) applies in relation to proceedings in which a criminal behaviourorder is made against an offender who is under the age of 18.

(8) In so far as the proceedings relate to the making of the order

(a) section 49 of the Children and Young Persons Act 1933 (restrictions onreports of proceedings in which children and young persons are

concerned) does not apply in respect of the offender;(b) section 39 of that Act (power to prohibit publication of certain matters)

does so apply.

24 Requirements included in orders

(1) A criminal behaviour order that includes a requirement must specify theperson who is to be responsible for supervising compliance with therequirement.The person may be an individual or an organisation.

(2) Before including a requirement, the court must receive evidence about its

suitability and enforceability from(a) the individual to be specified under subsection (1), if an individual is to

be specified;


26/246


14

(b) an individual representing the organisation to be specified undersubsection (1), if an organisation is to be specified.

(3) Before including two or more requirements, the court must consider theircompatibility with each other.

(4) It is the duty of a person specified under subsection (1)(a) to make any necessary arrangements in connection with the

requirements for which the person has responsibility (the relevantrequirements);

(b) to promote the offenders compliance with the relevant requirements;(c) if the person considers that the offender

(i) has complied with all the relevant requirements, or

(ii) has failed to comply with a relevant requirement,to inform the prosecution and the appropriate chief officer of police.

(5) In subsection (4)(c) the appropriate chief officer of police means(a) the chief officer of police for the police area in which it appears to the

person specified under subsection (1) that the offender lives, or(b) if it appears to that person that the offender lives in more than one

police area, whichever of the relevant chief officers of police that personthinks it most appropriate to inform.

(6) An offender subject to a requirement in a criminal behaviour order must

(a) keep in touch with the person specified under subsection (1) in relationto that requirement, in accordance with any instructions given by thatperson from time to time;

(b) notify the person of any change of address.These obligations have effect as requirements of the order.

25 Duration of order etc

(1) A criminal behaviour order takes effect on the day it is made, subject tosubsection (2).

(2) If on the day a criminal behaviour order (the new order) is made the offenderis subject to another criminal behaviour order (the previous order), the neworder may be made so as to take effect on the day on which the previous orderceases to have effect.

(3) A criminal behaviour order must specify the period (the order period) forwhich it has effect.

(4) In the case of a criminal behaviour order made before the offender has reachedthe age of 18, the order period must be a fixed period of

(a) not less than 1 year, and(b) not more than 3 years.

(5) In the case of a criminal behaviour order made after the offender has reachedthe age of 18, the order period must be

(a) a fixed period of not less than 2 years, or(b) an indefinite period (so that the order has effect until further order).

(6) A criminal behaviour order may specify periods for which particularprohibitions or requirements have effect.


27/246


15

Interim orders

26 Interim orders(1) This section applies where a court adjourns the hearing of an application for a

criminal behaviour order.

(2) The court may make a criminal behaviour order that lasts until the finalhearing of the application or until further order (an interim order) if the courtthinks it just to do so.

(3) Section 22(6) to (8) and section 25(3) to (5) do not apply in relation to themaking of an interim order.

(4) Subject to that, the court has the same powers whether or not the criminalbehaviour order is an interim order.


27 Variation or discharge of orders

(1) A criminal behaviour order may be varied or discharged by the court whichmade it on the application of

(a) the offender, or

(b) the prosecution.

(2) If an application by the offender under this section is dismissed, the offendermay make no further application under this section without

(a) the consent of the court which made the order, or(b) the agreement of the prosecution.

(3) If an application by the prosecution under this section is dismissed, theprosecution may make no further application under this section without

(a) the consent of the court which made the order, or

(b) the agreement of the offender.

(4) The power to vary an order includes power to include an additionalprohibition or requirement in the order or to extend the period for which aprohibition or requirement has effect.

(5) Section 24 applies to additional requirements included under subsection (4) asit applies to requirements included in a new order.

(6) In the case of a criminal behaviour order made by a magistrates court, thereferences in this section to the court which made the order include a referenceto any magistrates court acting in the same local justice area as that court.

Review of orders (under-18s)

28 Review of orders

(1) If

(a) a person subject to a criminal behaviour order will be under the age of18 at the end of a review period (see subsection (2)),(b) the term of the order runs until the end of that period or beyond, and


28/246


16

(c) the order is not discharged before the end of that period,a review of the operation of the order must be carried out before the end of thatperiod.

(2) The review periods are(a) the period of 12 months beginning with

(i) the day on which the criminal behaviour order takes effect, or(ii) if during that period the order is varied under section 27, the

day on which it is varied (or most recently varied, if the order isvaried more than once);

(b) a period of 12 months beginning with(i) the day after the end of the previous review period, or

(ii) if during that period of 12 months the order is varied undersection 27, the day on which it is varied (or most recently varied,

if the order is varied more than once).(3) A review under this section must include consideration of

(a) the extent to which the offender has complied with the order;(b) the adequacy of any support available to the offender to help him or her

comply with it;(c) any matters relevant to the question whether an application should be

made for the order to be varied or discharged.

(4) Those carrying out or participating in a review under this section must haveregard to any relevant guidance issued by the Secretary of State under section32 when considering

(a) how the review should be carried out;

(b) what particular matters the review should deal with;(c) what action (if any) it would be appropriate to take as a result of the

findings of the review.

29 Carrying out and participating in reviews

(1) A review under section 28 is to be carried out by the chief officer of police ofthe police force maintained for the police area in which the offender lives orappears to be living.

(2) The chief officer, in carrying out a review under section 28, must act in co-operation with the council for the local government area in which the offender

lives or appears to be living; and the council must co-operate in the carryingout of the review.

(3) The chief officer may invite the participation in the review of any other personor body.

(4) In this section local government area means(a) in relation to England, a district or London borough, the City of

London, the Isle of Wight and the Isles of Scilly;(b) in relation to Wales, a county or a county borough.

For the purposes of this section, the council for the Inner and Middle Templesis the Common Council of the City of London.


29/246


17

Breach of orders

30 Breach of order(1) A person who without reasonable excuse

(a) does anything he or she is prohibited from doing by a criminalbehaviour order, or

(b) fails to do anything he or she is required to do by a criminal behaviourorder,

commits an offence.

(2) A person guilty of an offence under this section is liable(a) on summary conviction, to imprisonment for a period not exceeding 6

months or to a fine, or to both;(b) on conviction on indictment, to imprisonment for a period not

exceeding 5 years or to a fine, or to both.

(3) If a person is convicted of an offence under this section, it is not open to thecourt by or before which the person is convicted to make an order undersubsection (1)(b) of section 12 of the Powers of Criminal Courts (Sentencing)Act 2000 (conditional discharge).

(4) In proceedings for an offence under this section, a copy of the original criminalbehaviour order, certified by the proper officer of the court which made it, isadmissible as evidence of its having been made and of its contents to the sameextent that oral evidence of those things is admissible in those proceedings.

(5) In relation to any proceedings for an offence under this section that are brought

against a person under the age of 18(a) section 49 of the Children and Young Persons Act 1933 (restrictions on

reports of proceedings in which children and young persons areconcerned) does not apply in respect of the person;

(b) section 45 of the Youth Justice and Criminal Evidence Act 1999 (powerto restrict reporting of criminal proceedings involving persons under18) does so apply.

(6) If, in relation to any proceedings mentioned in subsection (5), the court doesexercise its power to give a direction under section 45 of the Youth Justice andCriminal Evidence Act 1999, it must give its reasons for doing so.

Supplemental

31 Special measures for witnesses

(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999(special measures directions in the case of vulnerable and intimidatedwitnesses) applies to criminal behaviour order proceedings as it applies tocriminal proceedings, but with

(a) the omission of the provisions of that Act mentioned in subsection (2)(which make provision appropriate only in the context of criminalproceedings), and

(b) any other necessary modifications.

(2) The provisions are

(a) section 17(4) to (7);


30/246


18

(b) section 21(4C)(e);(c) section 22A;

(d) section 27(10);(e) section 32.

(3) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Actapply to criminal behaviour order proceedings

(a) to the extent provided by rules of court, and(b) subject to any modifications provided by rules of court.

(4) Section 47 of that Act (restrictions on reporting special measures directions etc)applies with any necessary modifications

(a) to a direction under section 19 of that Act as applied by this section;(b) to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

(5) In this section criminal behaviour order proceedings means proceedings in amagistrates court or the Crown Court so far as relating to the issue whether tomake a criminal behaviour order.

32 Guidance

(1) The Secretary of State may issue guidance to(a) chief officers of police, and(b) the councils mentioned in section 29(2),

about the exercise of their functions under this Part.




(1) The repeal or amendment by this Act of provisions about any of the ordersspecified in subsection (2) does not

(a) prevent an order specified in that subsection from being made inconnection with criminal proceedings begun before thecommencement day;

(b) apply in relation to an order specified in that subsection which is madein connection with criminal proceedings begun before that day;(c) apply in relation to anything done in connection with such an order.

(2) The orders are(a) an order under section 1C of the Crime and Disorder Act 1998 (orders

on conviction in criminal proceedings);(b) an individual support order under section 1AA of that Act made in

connection with an order under section 1C of that Act;

(c) a drinking banning order under section 6 of the Violent CrimeReduction Act 2006 (orders on conviction in criminal proceedings).

(3) As from the commencement day there may be no variation of an orderspecified in subsection (2) that extends the period of the order or of anyprovision of the order.


31/246


19

(4) At the end of the period of 5 years beginning with the commencement day(a) this Part has effect in relation to any order specified in subsection (2)

that is still in force as if the provisions of the order were provisions of acriminal behaviour order;

(b) subsections (1) to (3) cease to have effect.This Part, as it applies by virtue of paragraph (a), has effect with any necessarymodifications (and with any modifications specified in an order under section185(7)).

(5) In deciding whether to make a criminal behaviour order a court may takeaccount of conduct occurring up to 1 year before the commencement day.


PART3

DISPERSALPOWERS

34 Authorisations to use powers under section 35

(1) A police officer of at least the rank of inspector may authorise the use in aspecified locality, during a specified period of not more than 48 hours, of thepowers given by section 35.

Specified means specified in the authorisation.

(2) An officer may give such an authorisation only if satisfied on reasonablegrounds that the use of those powers in the locality during that period may be

necessary for the purpose of removing or reducing the likelihood of(a) members of the public in the locality being harassed, alarmed or

distressed, or(b) the occurrence in the locality of crime or disorder.

(3) In deciding whether to give such an authorisation an officer must haveparticular regard to the rights of freedom of expression and freedom ofassembly set out in articles 10 and 11 of the Convention.Convention has the meaning given by section 21(1) of the Human Rights Act1998.

(4) An authorisation under this section

(a) must be in writing,(b) must be signed by the officer giving it, and(c) must specify the grounds on which it is given.

35 Directions excluding a person from an area

(1) If the conditions in subsections (2) and (3) are met and an authorisation is inforce under section 34, a constable in uniform may direct a person who is in apublic place in the locality specified in the authorisation

(a) to leave the locality (or part of the locality), and(b) not to return to the locality (or part of the locality) for the period

specified in the direction (the exclusion period).


32/246

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)Part 3 Dispersal powers

20

(2) The first condition is that the constable has reasonable grounds to suspect thatthe behaviour of the person in the locality has contributed or is likely tocontribute to

(a) members of the public in the locality being harassed, alarmed ordistressed, or

(b) the occurrence in the locality of crime or disorder.

(3) The second condition is that the constable considers that giving a direction tothe person is necessary for the purpose of removing or reducing the likelihoodof the events mentioned in subsection (2)(a) or (b).

(4) The exclusion period may not exceed 48 hours.The period may expire after (as long as it begins during) the period specifiedin the authorisation under section 34.

(5) A direction under this section(a) must be given in writing, unless that is not reasonably practicable;(b) must specify the area to which it relates;(c) may impose requirements as to the time by which the person must

leave the area and the manner in which the person must do so(including the route).

(6) The constable must (unless it is not reasonably practicable) tell the person towhom the direction is given that failing without reasonable excuse to complywith the direction is an offence.

(7) If the constable reasonably believes that the person to whom the direction isgiven is under the age of 16, the constable may remove the person to a place

where the person lives or a place of safety.(8) Any constable may withdraw or vary a direction under this section; but a

variation must not extend the duration of a direction beyond 48 hours fromwhen it was first given.

(9) Notice of a withdrawal or variation of a direction(a) must be given to the person to whom the direction was given, unless

that is not reasonably practicable, and(b) if given, must be given in writing unless that is not reasonably

practicable.

(10) In this section public place means a place to which at the material time the

public or a section of the public has access, on payment or otherwise, as of rightor by virtue of express or implied permission.

(11) In this Part exclusion period has the meaning given by subsection (1)(b).

36 Restrictions

(1) A constable may not give a direction under section 35 to a person who appearsto the constable to be under the age of 10.

(2) A constable may not give a direction under section 35 that prevents the personto whom it is given having access to a place where the person lives.

(3) A constable may not give a direction under section 35 that prevents the personto whom it is given attending at a place which the person is


33/246


21

(a) required to attend for the purposes of the persons employment, or acontract of services to which the person is a party,

(b) required to attend by an obligation imposed by or under an enactmentor by the order of a court or tribunal, or

(c) expected to attend for the purposes of education or training or for thepurposes of receiving medical treatment,

at a time when the person is required or expected (as the case may be) to attendthere.

(4) A constable may not give a direction to a person under section 35 if the personis one of a group of persons who are

(a) engaged in conduct that is lawful under section 220 of the Trade Unionand Labour Relations (Consolidation) Act 1992 (peaceful picketing), or

(b) taking part in a public procession of the kind mentioned in subsection(1) of section 11 of the Public Order Act 1986 in respect of which

(i) written notice has been given in accordance with that section, or(ii) written notice is not required to be given as provided by

subsections (1) and (2) of that section.

(5) In deciding whether to give a direction under section 35 a constable must haveparticular regard to the rights of freedom of expression and freedom ofassembly set out in articles 10 and 11 of the Convention.Convention has the meaning given by section 21(1) of the Human Rights Act1998.

37 Surrender of property

(1) A constable who gives a person a direction under section 35 may also direct theperson to surrender to the constable any item in the persons possession orcontrol that the constable reasonably believes has been used or is likely to beused in behaviour that harasses, alarms or distresses members of the public.

(2) A direction under this section must be given in writing, unless that is notreasonably practicable.

(3) A constable who gives a person a direction under this section must (unless it isnot reasonably practicable)

(a) tell the person that failing without reasonable excuse to comply withthe direction is an offence, and

(b) give the person information in writing about when and how the personmay recover the surrendered item.

(4) The surrendered item must not be returned to the person before the end of theexclusion period.

(5) If after the end of that period the person asks for the item to be returned, it mustbe returned (unless there is power to retain it under another enactment).

(6) But if it appears to a constable that the person is under the age of 16 and is notaccompanied by a parent or other responsible adult, the item may be retaineduntil the person is so accompanied.

(7) If the person has not asked for the return of the item before the end of the

period of 28 days beginning with the day on which the direction was given, theitem may be destroyed or otherwise disposed of.


34/246


22

38 Record-keeping

(1) A constable who gives a direction under section 35 must make a record of

(a) the individual to whom the direction is given,(b) the time at which the direction is given, and(c) the terms of the direction (including in particular the area to which it

relates and the exclusion period).

(2) A constable who withdraws or varies a direction under section 35 must makea record of

(a) the time at which the direction is withdrawn or varied,

(b) whether notice of the withdrawal or variation is given to the person towhom the direction was given and if it is, at what time, and

(c) if the direction is varied, the terms of the variation.

(3) A constable who gives a direction under section 37 must make a record of(a) the individual to whom the direction is given,(b) the time at which the direction is given, and(c) the item to which the direction relates.

39 Offences

(1) A person given a direction under section 35 who fails without reasonableexcuse to comply with it commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on summaryconviction

(a) to imprisonment for a period not exceeding 3 months, or(b) to a fine not exceeding level 4 on the standard scale,

or to both.

(3) A person given a direction under section 37 who fails without reasonableexcuse to comply with it commits an offence.

(4) A person guilty of an offence under subsection (3) is liable on summaryconviction to a fine not exceeding level 2 on the standard scale.

40 Powers of community support officers

(1) Schedule 4 to the Police Reform Act 2002 (powers of community supportofficers) is amended as follows.

(2) In paragraph 2(6), for paragraph (aa) there is substituted(aa) an offence under section 39 of the Anti-social Behaviour,

Crime and Policing Act 2014;.

(3) For paragraph 4A of Schedule 4 there is substituted

4A Where a designation applies this paragraph to a person, that personhas within the relevant police area the powers conferred on aconstable by section 35 of the Anti-social Behaviour, Crime andPolicing Act 2014.

4AB (1) Where a designation applies this paragraph to a person, that personhas within the relevant police area the powers conferred on a


35/246


23

constable by section 37 of the Anti-social Behaviour, Crime andPolicing Act 2014.

(2) A designation may not apply this paragraph to a person unless adesignation also applies paragraph 4A to that person.

41 Guidance

(1) The Secretary of State may issue guidance to chief officers of police about theexercise, by officers under their direction or control, of those officers functionsunder this Part.




(1) The repeal by this Act of Part 4 of the Anti-social Behaviour Act 2003, and therepeal or amendment by this Act of provisions related to that Part, do not applyin relation to

(a) an authorisation given under section 30(2) of that Act before thecommencement day, or

(b) anything done in connection with such an authorisation.

(2) The repeal by this Act of section 27 of the Violent Crime Reduction Act 2006,and the repeal or amendment by this Act of provisions related to that section,

do not apply in relation to(a) a direction given under that section before the commencement day, or

(b) anything done in connection with such a direction.


PART4

COMMUNITYPROTECTION

CHAPTER1

COMMUNITYPROTECTIONNOTICES

Community protection notices

43 Power to issue notices

(1) An authorised person may issue a community protection notice to anindividual aged 16 or over, or a body, if satisfied on reasonable grounds that

(a) the conduct of the individual or body is having a detrimental effect, ofa persistent or continuing nature, on the quality of life of those in thelocality, and

(b) the conduct is unreasonable.


36/246

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)Part 4 Community protection

Chapter 1 Community protection notices

24

(2) In subsection (1) authorised person means a person on whom section 53 (oran enactment amended by that section) confers power to issue communityprotection notices.

(3) A community protection notice is a notice that imposes any of the followingrequirements on the individual or body issued with it

(a) a requirement to stop doing specified things;(b) a requirement to do specified things;(c) a requirement to take reasonable steps to achieve specified results.

(4) The only requirements that may be imposed are ones that are reasonable toimpose in order

(a) to prevent the detrimental effect referred to in subsection (1) fromcontinuing or recurring, or

(b) to reduce that detrimental effect or to reduce the risk of its continuanceor recurrence.

(5) A person (A) may issue a community protection notice to an individual orbody (B) only if

(a) B has been given a written warning that the notice will be issued unlessBs conduct ceases to have the detrimental effect referred to insubsection (1), and

(b) A is satisfied that, despite B having had enough time to deal with thematter, Bs conduct is still having that effect.

(6) A person issuing a community protection notice must before doing so informany body or individual the person thinks appropriate.

(7) A community protection notice must(a) identify the conduct referred to in subsection (1);(b) explain the effect of sections 46 to 51.

(8) A community protection notice may specify periods within which, or times bywhich, requirements within subsection (3)(b) or (c) are to be complied with.

44 Occupiers of premises etc

(1) Conduct on, or affecting, premises (other than premises within subsection (2))that a particular person

(a) owns,(b) leases,(c) occupies,(d) controls,(e) operates, or(f) maintains,

is treated for the purposes of section 43 as conduct of that person.

(2) Conduct on, or affecting, premises occupied for the purposes of a governmentdepartment is treated for the purposes of section 43 as conduct of the Ministerin charge of that department.

(3) This section does not treat an individuals conduct as that of another person ifthat person cannot reasonably be expected to control or affect it.


37/246

Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)Part 4 Community protectionChapter 1 Community protection notices

25

45 Occupier or owner unascertainable

(1) This section applies where(a) an authorised person has power to issue a community protection

notice,(b) the detrimental effect referred to in section 43(1) arises from the

condition of premises or the use to which premises have been put, and(c) the authorised person has made reasonable enquiries to find out the

name or proper address of the occupier of the premises (or, if thepremises are unoccupied, the owner) but without success.

(2) The authorised person may

(a) post the community protection notice on the premises;(b) enter the premises, or other premises, to the extent reasonably

necessary for that purpose.

(3) The community protection notice is treated as having been issued to theoccupier of the premises (or, if the premises are unoccupied, the owner) at thetime the notice is posted.

(4) In this section authorised person has the same meaning as in section 43(1).

46 Appeals against notices

(1) A person issued with a community protection notice may appeal to amagistrates court against the notice on any of the following grounds.

(2) An appeal must be made within the period of 21 days beginning with the dayon which the person is issued with the notice.

(3) While an appeal against a community protection notice is in progress(a) a requirement imposed by the notice to stop doing specified things

remains in effect, unless the court orders otherwise, but(b) any other requirement imposed by the notice is of no effect.

For this purpose an appeal is in progress until it is finally determined or iswithdrawn.

1. That the conduct specified in the community protectionnotice

(a) did not take place,(b) has not had a detrimental effect on the quality of life of

those in the locality,(c) has not been of a persistent or continuing nature,(d) is not unreasonable, or(e) is conduct that the person cannot reasonably be

expected to control or affect.

2. That any of the requirements in the notice, or any of the

periods within which or times by which they are to becomplied with, are unreasonable.

3. That there is a material defect or error in, or in connection with,the notice.

4. That the notice was issued to the wrong person.


38/246



26

(4) A magistrates court hearing an appeal against a community protection noticemust

(a) quash the notice,(b) modify the notice (for example by extending a period specified in it), or(c) dismiss the appeal.

Failure to comply with notice

47 Remedial action by local authority

(1) Where a person issued with a community protection notice (the defaulter)fails to comply with a requirement of the notice, the relevant local authoritymay take action under subsection (2) or subsection (3) (or both).

(2) The relevant local authority may have work carried out to ensure that thefailure is remedied, but only on land that is open to the air.

(3) As regards premises other than land open to the air, if the relevant localauthority issues the defaulter with a notice

(a) specifying work it intends to have carried out to ensure that the failureis remedied,

(b) specifying the estimated cost of the work, and

(c) inviting the defaulter to consent to the work being carried out,the authority may have the work carried out if the necessary consent is given.

(4) In subsection (3) the necessary consent means the consent of(a) the defaulter, and(b) the owner of the premises on which the work is to be carried out (if that

is not the defaulter).Paragraph (b) does not apply where the relevant authority has madereasonable efforts to contact the owner of the premises but without success.

(5) A person authorised by a local authority to carry out work under this sectionmay enter any premises to the extent reasonably necessary for that purpose,except that a person who is only authorised to carry out work under subsection(2) may only enter land that is open to the air.

(6) If work is carried out under subsection (2) or (3) and the relevant local

authority issues a notice to the defaulter(a) giving details of the work that was carried out, and(b) specifying an amount that is no more than the cost to the authority of

having the work carried out,the defaulter is liable to the authority for that amount (subject to the outcomeof any appeal under subsection (7)).

(7) A person issued with a notice under subsection (6) may appeal to amagistrates court, within the period of 21 days beginning with the day onwhich the notice was issued, on the ground that the amount specified undersubsection (6)(b) is excessive.

(8) A magistrates court hearing an appeal under subsection (7) must(a) confirm the amount, or(b) substitute a lower amount.

(9) In this section the relevant local authority means


39/246


27

(a) the local authority that issued the community protection notice;

(b) if the community protection notice was not issued by a local authority,the local authority (or, as the case may be, one of the local authorities)that could have issued it.

48 Offence of failing to comply with notice

(1) A person issued with a community protection notice who fails to comply withit commits an offence.

(2) A person guilty of an offence under this section is liable on summaryconviction

(a) to a fine not exceeding level 4 on the standard scale, in the case of anindividual;

(b) to a fine not exceeding 20,000, in the case of a body.

(3) A person does not commit an offence under this section if(a) the person took all reasonable steps to comply with the notice, or(b) there is some other reasonable excuse for the failure to comply with it.

49 Remedial orders

(1) A court before which a person is convicted of an offence under section 48 inrespect of a community protection notice may make whatever order the courtthinks appropriate for ensuring that what the notice requires to be done isdone.

(2) An order under this section may in particular require the defendant(a) to carry out specified work, or

(b) to allow specified work to be carried out by or on behalf of a specifiedlocal authority.

(3) To be specified under subsection (2)(b) a local authority must be(a) the local authority that issued the community protection notice;(b) if the community protection notice was not issued by a local authority,

the local authority (or, as the case may be, one of the local authorities)that could have issued it.

(4) A requirement imposed under subsection (2)(b) does not authorise the personcarrying out the work to enter the defendants home without the defendantsconsent.But this does not prevent a defendant who fails to give that consent from beingin breach of the courts order.

(5) In subsection (4) the defendants home means the house, flat, vehicle or otheraccommodation where the defendant

(a) usually lives, or(b) is living at the time when the work is or would be carried out.

(6) If work is carried out under subsection (2)(b) and the local authority specifiedunder that subsection issues a notice to the defaulter

(a) giving details of the work that was carried out, and(b) specifying an amount that is no more than the cost to the authority of

having the work carried out,


40/246



28

the defaulter is liable to the authority for that amount (subject to the outcomeof any appeal under subsection (7)).

(7) A person issued with a notice under subsection (6) may appeal to amagistrates court, within the period of 21 days beginning with the day onwhich the notice was issued, on the ground that the amount specified undersubsection (6)(b) is excessive.

(8) A magistrates court hearing an appeal under subsection (7) must(a) confirm the amount, or(b) substitute a lower amount.

50 Forfeiture of item used in commission of offence

(1) A court before which a person is convicted of an offence under section 48 mayorder the forfeiture of any item that was used in the commission of the offence.

(2) An order under this section may require a person in possession of the item tohand it over as soon as reasonably practicable

(a) to a constable, or(b) to a person employed by a local authority or designated by a local

authority under section 53(1)(c).

(3) An order under this section may require the item(a) to be destroyed, or(b) to be disposed of in whatever way the order specifies.

(4) Where an item ordered to be forfeited under this section is kept by or handedover to a constable, the police force of which the constable is a member mustensure that arrangements are made for its destruction or disposal, either

(a) in accordance with the order, or(b) if no arrangements are specified in the order, in whatever way seems

appropriate to the police force.

(5) Where an item ordered to be forfeited under this section is kept by or handedover to a person within subsection (2)(b), the local authority by whom theperson is employed or was designated must ensure that arrangements aremade for its destruction or disposal, either

(a) in accordance with the order, or

(b) if no arrangements are specified in the order, in whatever way seemsappropriate to the local authority.

51 Seizure of item used in commission of offence

(1) If a justice of the peace is satisfied on information on oath that there arereasonable grounds for suspecting

(a) that an offence under section 48 has been committed, and(b) that there is an item used in the commission of the offence on premises

specified in the information,the justice may issue a warrant authorising any constable or designated personto enter the premises within 14 days from the date of issue of the warrant toseize the item.

(2) In this section designated person means a person designated by a localauthority under section 53(1)(c).


41/246


29

(3) A constable or designated person may use reasonable force, if necessary, inexecuting a warrant under this section.

(4) A constable or designated person who has seized an item under a warrantunder this section

(a) may retain the item until any relevant criminal proceedings have beenfinally determined, if such proceedings are started before the end of theperiod of 28 days following the day on which the item was seized;

(b) otherwise, must before the end of that period return the item to theperson from whom it was seized.

(5) In subsection (4) relevant criminal proceedings means proceedings for anoffence under section 48 in the commission of which the item is alleged to havebeen used.

52 Fixed penalty notices

(1) An authorised person may issue a fixed penalty notice to anyone who thatperson has reason to believe has committed an offence under section 48.

(2) In subsection (1) authorised person means a person on whom section 53 (oran enactment amended by that section) confers power to issue fixed penaltynotices under this section.

(3) A fixed penalty notice is a notice offering the person to whom it is issued theopportunity of discharging any liability to conviction for the offence bypayment of a fixed penalty to a local authority specified in the notice.

(4) The local authority specified under subsection (3) must be(a) the local authority that issued the community protection notice to

which the fixed penalty notice relates;(b) if the community protection notice was not issued by a local authority,

the local authority (or, as the case may be, one of the local authorities)that could have issued it.

(5) Where a person is issued with a notice under this section in respect of anoffence

(a) no proceedings may be taken for the offence before the end of theperiod of 14 days following the date of the notice;

(b) the person may not be convicted of the offence if the person pays thefixed penalty before the end of that period.

(6) A fixed penalty notice must(a) give reasonably detailed particulars of the circumstances alleged to

constitute the offence;(b) state the period during which (because of subsection (5)(a))

proceedings will not be taken for the offence;(c) specify the amount of the fixed penalty;(d) state the name and address of the person to whom the fixed penalty

may be paid;(e) specify permissible methods of payment.

(7) An amount specified under subsection (6)(c) must not be more than 100.


42/246



30

(8) A fixed penalty notice may specify two amounts under subsection (6)(c) andspecify that, if the lower of those amounts is paid within a specified period (ofless than 14 days), that is the amount of the fixed penalty.

(9) Whatever other method may be specified under subsection (6)(e), payment ofa fixed penalty may be made by pre-paying and posting to the person whosename is stated under subsection (6)(d), at the stated address, a letter containingthe amount of the penalty (in cash or otherwise).

(10) Where a letter is sent as mentioned in subsection (9), payment is regarded ashaving been made at the time at which that letter would be delivered in theordinary course of post.

(11) In any proceedings, a certificate that(a) purports to be signed by or on behalf of the chief finance officer of the

local authority concerned, and(b) states that payment of a fixed penalty was, or was not, received by the

dated specified in the certificate,

is evidence of the facts stated.

(12)

uk anti-social behaviour, crime and policing act 2014

Documents